Melvin Wade v. Oscar Byles & T Force Sec., Inc., 83 F.3d 902 (7th Cir. 1996). · Go Syfert
Melvin Wade v. Oscar Byles & T Force Sec., Inc., 83 F.3d 902 (7th Cir. 1996). Cases Citing This Book View Copy Cite
222 citation events (167 in the last 25 years) across 26 distinct courts.
Strongest positive: Gerald L. Polzin v. Warden Chris Buesgen, Sharron Hauser, Union Supply Group, Inc., Tom Thomas, and John Doe (wiwd, 2025-10-28) · Strongest negative: Fabrikant v. French (ca2, 2012-08-16)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Fabrikant v. French
2d Cir. · 2012 · signal: but see · confidence high
Ctr., 184 F.3d 623, 629 (7th Cir.1999) ("[I]f the state cloaks private parties with virtually the same power as public police officers, and the private actors allegedly abuse that power to violate a plaintiff's civil rights, that plaintiff’s ability to claim relief under § 1983 should be unaffected.”); see also Romanski v. Detroit *211 Entm’t, LLC, 428 F.3d 629 , 638-39 (6th Cir. 2005) (holding that private casino officers licensed by the state and empowered to make warrantless arrests for any offense on the casino’s premises were state actors, because plenary arrest authority is trad…
discussed Cited as authority (verbatim quote) Gerald L. Polzin v. Warden Chris Buesgen, Sharron Hauser, Union Supply Group, Inc., Tom Thomas, and John Doe
W.D. Wis. · 2025 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
the simple fact that a private entity performs a function that serves the public does not transform its conduct into state action.
discussed Cited as authority (verbatim quote) Alba-Guerrero, Esteban v. Sirchie Acquisition Company, LLC
W.D. Wis. · 2025 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
the simple fact that a private entity performs a function that serves the public does not transform its conduct into state action.
cited Cited as authority (rule) Charles Woods v. Beacon Specialized Living Wisconsin, Inc., Deanna Arthur, and Madison Copeland
W.D. Wis. · 2026 · confidence medium
Edison Co., 419 U.S. 345, 350 (1974), nor does the “fact that a private entity performs a function that serves the public,” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996).
discussed Cited as authority (rule) Zuberi J. Khalfani v. Kreilkamp Trucking, Tim Kreilkamp, Todd Henke, James Wathan, and Robert Cristie
E.D. Wis. · 2026 · confidence medium
In other words, in order to show state action for purposes of § 1983 where the actors are ostensibly private, “the state must somehow be responsible for the allegedly unlawful actions taken by the private party.” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996).
cited Cited as authority (rule) Edward Charles Johnson v. Indiana Department of Child Services, et al.
N.D. Ind. · 2026 · confidence medium
Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996).
discussed Cited as authority (rule) Q.J. v. PowerSchool Holdings LLC
N.D. Ill. · 2025 · confidence medium
One such scenario arises when “the state effectively directs, controls, or encourages” a private party’s actions, whether by “‘exercis[ing] coercive power’” or “‘provid[ing] such significant encouragement, either overt or covert, that the choice must in law be deemed to be that of the State.’” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996) (quoting Blum v. Yaretsky, 457 U.S. 991, 1009 (1982)); see also Manhattan Cmty. Access Corp. v. Halleck, 587 U.S. 802, 809 (2019) (explaining that, under Blum, 457 U.S. at 1009 , “a private entity can qualify as a state actor . . . w…
discussed Cited as authority (rule) HENSON v. CALVARY CHRISTIAN SCHOOL
S.D. Ind. · 2024 · confidence medium
In order for the conduct of private entities or individuals such as Defendants to be considered state action, “there must be a sufficiently close nexus between the state and the private conduct so that the action may be fairly treated as that of the State itself.” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996) (quotation marks and citations omitted).
discussed Cited as authority (rule) Robinson v. Mutual of Omaha
N.D. Ill. · 2024 · confidence medium
That is, “the Fourteenth Amendment applies only to government action, not purely private conduct.” Jagla v. Lasalle Bank, 253 F. App’x 597, 599 (7th Cir. 2007) (citing Wade v. Byles, 83 F.3d 902, 904 (7th Cir. 1996)).
discussed Cited as authority (rule) THOMAS v. CAPITAL ONE BANK (USA)
S.D. Ind. · 2023 · confidence medium
As we explained in our prior screening order, Defendants here are private entities, and for the conduct of a private entity or individual to be considered state action, "there must be a sufficiently close nexus between the state and the private conduct so that the action may be fairly treated as that of the State itself.” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996) (quotation marks and citations omitted).
cited Cited as authority (rule) Bowersock v. Matherly
C.D. Ill. · 2023 · confidence medium
Ill. 2023) (quoting Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996)).
discussed Cited as authority (rule) Jefferson v. Caso
C.D. Ill. · 2023 · confidence medium
As a result, a private party's conduct can be considered state action only if there is a sufficiently close nexus between the state and the private conduct so that the action “may be fairly treated as that of the State itself.” Wade v. Byles, 83 F.3d 902, 904-05 (7th Cir. 1996) (internal citations omitted).
discussed Cited as authority (rule) Timms v. Holsten Management Corporation
N.D. Ill. · 2023 · confidence medium
“In general terms, before a private party’s conduct can be considered state action, there must be a sufficiently close nexus between the state and the private conduct so that the action ‘may be fairly treated as that of the State itself.’” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996) (quoting Blum v. Yaretsky, 457 U.S. 991, 1004 (1982)). “[T]he state must somehow be responsible for the allegedly unlawful actions taken by the private party.” Id.
cited Cited as authority (rule) Cheek v. Hackfort
E.D. Wis. · 2022 · confidence medium
Id. at 5 (citing Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996)).
cited Cited as authority (rule) Cheek v. Hackfort
E.D. Wis. · 2021 · confidence medium
Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996).
cited Cited as authority (rule) Cheek v. Hackfort
E.D. Wis. · 2021 · confidence medium
Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996).
discussed Cited as authority (rule) WESTBROOK v. CABELAS
S.D. Ind. · 2020 · confidence medium
For the conduct of a private entity or individual to be considered state action, “there must be a sufficiently close nexus between the state and the private conduct so that the action may be fairly treated as that of the State itself.” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996) (quotation marks and citations omitted).
discussed Cited as authority (rule) Sudduth v. Lowndes County, Mississippi
N.D. Miss. · 2020 · confidence medium
The Sixth Circuit further noted that “[o]ur sister circuits have consistently held that the mere fact that the performance of private security functions may entail the investigation of a crime does not transform the actions of a private security officer into state action.” Id. at 834 (citing Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996); Gallagher v. Neil Young Freedom Concert, 49 F.3d 1442, 1457 (10th Cir. 1995); White v. Scrivner Corp., 594 F.2d 140, 142-43 (5th Cir. 1979)).
cited Cited as authority (rule) Zasadny v. Weil
E.D. Wis. · 2020 · confidence medium
Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996).
discussed Cited as authority (rule) STATE OF TENNESSEE v. TOMMY C. SIMPSON, JR.
unknown court · 2020 · confidence medium
Mich. 2004); Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996); Gallagher v. Neil Young Freedom Concert, 49 F.3d 1442, 1457 (10th Cir. 1995); White v. Scrivner Corp., 594 F.2d 140, 142-43 (5th Cir. 1979).
discussed Cited as authority (rule) Strowmatt v. Curtis
N.D. Ind. · 2020 · confidence medium
For a private party to be held liable under 42 U.S.C. § 1983 , “the state must somehow be responsible for the allegedly unlawful actions taken by the party.” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996).
cited Cited as authority (rule) Salandich v. Milwaukee Rescue Mission
E.D. Wis. · 2020 · confidence medium
Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996).
discussed Cited as authority (rule) McCullough v. Holy Cross College
N.D. Ind. · 2020 · confidence medium
She cites Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996), for the proposition that “a party which acts pursuant to its own policies without the state actor’s direction does not suddenly become a state actor.” ECF 47 at 6.
discussed Cited as authority (rule) Rappe v. Unknown Train Conductor
N.D. Ill. · 2020 · confidence medium
Finally, to the extent that the “nexus” theory is a freestanding test, Plaintiff must still show that the state is “somehow responsible for the allegedly unlawful actions taken by the private party.” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996) (citing Blum v. Yaretsky, 457 U.S. 991, 1004 (1982)).
discussed Cited as authority (rule) Ghiles v. Municipal Electoral Board/Commissioners of Chicago Heights, IL.
N.D. Ill. · 2020 · confidence medium
Private individuals like objectors may be considered “state actors” for purposes of bringing a Section 1983 claim where there is a sufficiently close nexus between the state and the private conduct that the action “‘may be fairly treated as that of the State itself.’” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996) (quoting Blum v. Yaretsky, 457 U.S. 991, 1004 (1982)).
discussed Cited as authority (rule) Smith v. Kennemore
E.D. Tenn. · 2019 · confidence medium
Courts hold that private security officers do not perform a state function when they detain and search a suspected shoplifter: the “mere fact that the performance of private security functions may entail the investigation of a crime does not transform the actions of a private security officer into state action.” Chapman, 319 F.3d at 834 (citing, inter alia, Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996)).
discussed Cited as authority (rule) Bates v. Department of Human Services
N.D. Ill. · 2019 · confidence medium
Health, Inc., 809 F.3d 966, 971 (7th Cir. 2016) (holding that a defendant hospital could not be held liable under § 1983 where, even though some of the hospital’s revenues “are siphoned off to the state university,” the plaintiff did not show “that the State is responsible for the specific conduct of which the plaintiff complains”) (internal quotation marks omitted); Miller v. Vohne Liche Kennels, Inc., 600 F. App’x 475, 477 (7th Cir. 2015) (“The fact that a ‘private entity performs a function that serves the public does not transform its conduct into state action [under § 19…
discussed Cited as authority (rule) Davis v. Cornett
C.D. Ill. · 2019 · confidence medium
A private entity's conduct can be considered state action only if there is a sufficiently close nexus between the state and the private conduct so that the action “may be fairly treated as that of the State itself.” Wade v. Byles, 83 F.3d 902, 904-05 (7th Cir. 1996) (internal citations omitted).
cited Cited as authority (rule) Kejbo v. Caho
N.D. Ill. · 2018 · confidence medium
Id. (citing Wade v. Byles, 83 F.3d 902, 906 (7th Cir. 1996)); see also Spencer v. Lee, 864 F.2d 1376, 1380 (7th Cir. 1989).
discussed Cited as authority (rule) Strahan v. AT&T Mobility LLC
D. Mass. · 2017 · confidence medium
Chapman 319 F.3d at 834 (citing Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996); Gallagher v. Neil Young Freedom Concert, 49 F.3d 1442, 1457 (10th Cir. 1995); White v. Scriver Corp., 594 F.2d 140, 142-43 (5th Cir. 1979)).
discussed Cited as authority (rule) United States v. Ackerman
10th Cir. · 2016 · confidence medium
See, e.g., Gallagher v. “Neil Young Freedom Concert,” 49 F.3d 1442, 1457 (10th Cir. 1995); Wade v. Byles, 83 F.3d 902, 905-06 (7th Cir. 1996); United States v. Garlock, 19 F.3d 441, 443-44 (8th Cir. 1994).
discussed Cited as authority (rule) Miller v. Vohne Liche Kennels, Inc. (2×) also: Cited "see"
7th Cir. · 2015 · confidence medium
The fact that a “private entity performs a function that serves the public does not transform its conduct into state' action.” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996).
discussed Cited as authority (rule) Kevin Miller v. Vohne Liche Kennels, Inc. (2×) also: Cited "see"
7th Cir. · 2015 · confidence medium
The fact that a “private entity performs a function that serves the public does not transform its conduct into state action.” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996).
discussed Cited as authority (rule) Kohlman v. Village of Midlothian
N.D. Ill. · 2011 · confidence medium
Instead, the evidence must show that state officials effectively directed or controlled the actions of a private party so the state was “somehow ... responsible for the allegedly unlawful actions taken by the private party.” Wade v. Byles, 83 F.3d 902, 905 (7th Cir.1996). a.
examined Cited as authority (rule) United States v. Day (4×)
4th Cir. · 2010 · confidence medium
Accordingly, unlike in Romanski , Costa and Slader were not endowed with plenary arrest authority, but rather were "permitted to exercise only what were in effect citizens' arrests." See Romanski, 428 F.3d at 639 (distinguishing Wade v. Byles, 83 F.3d 902, 906 (7th Cir.1996) (concluding private security guard in public housing authority building was not state actor)).
cited Cited as authority (rule) Yaodi Hu v. American Bar Ass'n
N.D. Ill. · 2008 · confidence medium
Wade v. Byles, 83 F.3d 902, 904-05 (7th Cir.1996) (citing Blum v. Yaretsky, 457 U.S. 991, 1002 , 102 S.Ct. 2777 , 73 L.Ed.2d 534 (1982)).
discussed Cited as authority (rule) Radunz, Randall v. Von Haden, Bruce
7th Cir. · 2008 · confidence medium
There is state action, for example, when the “state effectively directs, controls, or encourages the actions of a private party,” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996), or when, in the Fourth Amendment context, a private party acts as an instrument or agent of the state, see United States v. Hall, 142 F.3d 988, 993 (7th Cir. 1998).
discussed Cited as authority (rule) Radunz v. Von Haden
7th Cir. · 2008 · confidence medium
There is state action, for example, when the “state effectively directs, controls, or encourages the actions of a private party,” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996), or when, in the Fourth Amendment context, a private party acts as an instrument or agent of the state, see United States v. Hall, 142 F.3d 988, 993 (7th Cir.1998).
discussed Cited as authority (rule) Durante v. Fairlane Town Center (2×) also: Cited "see, e.g."
6th Cir. · 2006 · confidence medium
While “[t]he Supreme Court has expressly left open the question whether and under what circumstances private police officers may be said to perform a public function for purposes of § 1983,” Romanski v. Detroit Entm’t, L.L.C., 428 F.3d 629, 636 (6th Cir.2005) (citing Flagg Bros. v. Brooks, 436 U.S. 149, 163-64 , 98 S.Ct. 1729 , 56 L.Ed.2d 185 (1978)), cert. denied, — U.S. -, 127 S.Ct. 209 , - L.Ed.2d - (2006), “our sister circuits have consistently held that the mere fact that the performance of private security functions may entail the investigation of a crime does not transform th…
discussed Cited as authority (rule) Thomas v. Sheahan
N.D. Ill. · 2005 · confidence medium
For a private party’s search or seizure to run afoul of the Fourth Amendment, “there must be a sufficiently close nexus between the state and the private conduct so that the action ‘may be fairly treated as that of the State itself.’” Wade v. Byles, 83 F.3d 902, 905 (7th Cir.1996)(quoting Blum v. Yaretsky, 457 U.S. 991, 1004 , 102 S.Ct. 2777 , 73 L.Ed.2d 534 (1982)).
examined Cited as authority (rule) Smith v. Detroit Entertainment L.L.C. (3×)
E.D. Mich. · 2004 · confidence medium
In so ruling, the Court distinguished Payton from its earlier decision in Wade v. Byles, 83 F.3d 902, 905-06 (7th Cir.1996), which held that the private security guard in that case was not a state actor under the “public function” test.
discussed Cited as authority (rule) Johnson, Pamela E. v. LaRabida Children's
7th Cir. · 2004 · confidence medium
Unlike the situation in Hoffman, however, we held that Wade was not a case “where the state ha[d] delegated its entire police power to a private police force.” Id. at 905 (Although contract with CHA allowed guard to carry gun, it only permitted him to detain individuals for trespass and only pending arrival of police).
discussed Cited as authority (rule) Pamela Johnson v. Larabida Children's Hospital
7th Cir. · 2004 · confidence medium
Unlike the situation in Hoffman , however, we held that Wade was not a case “where the state ha[d] delegated its entire police power to a private police force.” Id. at 905 (Although contract with CHA allowed guard to carry gun, it only permitted him to detain individuals for trespass and only pending arrival of police).
discussed Cited as authority (rule) Finger v. State (2×)
Ind. · 2003 · confidence medium
Wade v. Byles, 83 F.3d 902, 905 (7th Cir.1996).
discussed Cited as authority (rule) McCloughan v. City of Springfield
C.D. Ill. · 2002 · confidence medium
Moreover, the Seventh Circuit has opined that “[a]lthough ... the[ ] power[ ] [to arrest people for criminal trespass pending arrival of the police] has been traditionally exercised by the sovereign via the police, [it] has [not] been exclusively reserved to the police____ The fact that [the defendant] performed his duties on public property, or for the public’s benefit, does not make him a state actor.” Wade v. Byles, 83 F.3d 902, 905 (7th Cir. 1996), citing 725 ILCS 5/107-3 (providing for citizens’ arrests); see Carey v. Continental Airlines, Inc., 823 F.2d 1402, 1404 (10th Cir. 1987…
discussed Cited as authority (rule) Daniel Lee v. Vera Katz
9th Cir. · 2002 · signal: cf. · confidence medium
Cf. West v. Atkins, 487 U.S. 42, 55-56 (1988) (contract physician is a State actor even though not a State employee because "[i]t is the physician's function within the state system, not the precise terms of his employment, that determines whether his actions can fairly be attributed to the State"). 24 The OAC asserts that the policing of the Commons is not an exclusive public function, citing Wade v. Byles, 83 F.3d 902, 904-06 (7th Cir. 1996).
cited Cited as authority (rule) Lee v. Katz
9th Cir. · 2002 · confidence medium
The OAC asserts that the policing of the Commons is not an exclusive public function, citing Wade v. Byles, 83 F.3d 902, 904-06 (7th Cir.1996).
cited Cited as authority (rule) Logiodice v. Trustees of Maine Central Institute
D. Me. · 2001 · signal: cf. · confidence medium
Cf. Wade v. Byles, 83 F.3d 902, 906 (7th Cir.1996) (distinguishing West on the basis that the only medical treatment inmates may receive is through the state).
cited Cited as authority (rule) Payton v. RUSH-PRESBYTERIAN-ST. LUKE'S MED. CENTER
N.D. Ill. · 2000 · confidence medium
Id. at 904, 907 .
cited Cited as authority (rule) Payton v. Rush-Presbyterian-St. Luke's Medical Center
N.D. Ill. · 2000 · confidence medium
Id. at 904, 907 .
Retrieving the full opinion text from the archive…
Melvin WADE, Plaintiff-Appellant,
v.
Oscar BYLES and T Force Security, Inc., Defendants-Appellees
95-2322.
Court of Appeals for the Seventh Circuit.
May 13, 1996.
83 F.3d 902
Kevin B. Rogers (argued), Chicago, IL, for Melvin Wade., James Bartlett, Donald E. Stellate, Theodore C. Hadley, Esther J. Schwartz (argued), Stellate & Schwartz, Chicago, IL, for Oscar L. Byles., James Scott McMahon, Donald E. Stellate, Esther J. Schwartz, Stellate & Schwartz, Chicago, IL, for T-Force Sec. Co., Inc.
Flaum, Easterbrook, Ripple.
Cited by 105 opinions  |  Published
FLAUM, Circuit Judge.

Melvin Wade filed suit under 42 U.S.C. § 1983 against defendants Oscar Byles, a private security guard, and his employer, T Force Security, Inc. (“T Force”), alleging that Byles used excessive force on Wade in violation of the Fourth and Fourteenth Amendments to the United States Constitution. The defendants moved for summary judgment, asserting that they were not state actors within the meaning of § 1983. The district court granted the motion for summary judgment and dismissed the § 1983 claim along with the plaintiffs pendent state law claims. On plaintiffs appeal, we affirm the decision of the district court.

I.

On August 10, 1992, Wade entered the lobby of a residential building owned by the Chicago Housing Authority (“CHA”). When Wade and a group of friends attempted to pass through a security checkpoint, an altercation developed between him and Byles, who was the lobby security guard. Although Wade and Byles have very different accounts of how the incident unfolded, they do not dispute its end result — Byles shot Wade in the groin. At the time of the shooting, Byles was employed by T Force, which was under contract with the CHA to provide security services for various CHA properties, including the one where Wade was shot. Byles was never an employee of CHA, nor did he receive directions from CHA regarding his actions during the incident.

CHA is an Illinois governmental entity that provides security services for residents of its housing projects. Pursuant to Illinois statute, CHA maintains a police force with jurisdiction limited to CHA property. Members of this police force, when within their jurisdiction, are statutorily vested with all the powers of city and state police. In addition to the police force, CHA employs its own in-house armed security guards. [1] At the[*904] time of the shooting incident, CHA also contracted with private security companies, such as T Force, to provide security in the lobbies of CHA buddings. [2] The T Force guards wore uniforms with patches identifying their employer. The guards were armed with handguns and were authorized by T Force to use deadly force only in self-defense. The primary responsibility of T Force guards was to control access to CHA buildings by monitoring the identification of people entering and leaving the buddings. [3] Guests who did not show proper identification or sign in were not adowed to enter the buddings, and T Force guards would ask such people to leave. If a person refused to leave, the guards would cad the podce, and either wait for the podce to remove the person or arrest the person for criminal trespass pending the arrival of the podce. Other guard duties included aiding people in the lobby, signing criminal complaints, and appearing in court when needed.

When on duty, T Force guards were responsible only for maintaining security within the immediate lobby areas of CHA buddings. According to T Force podcy, guards were not adowed to pursue individuals outside the lobby. Rather, guards were obdgated to remain in the lobby area untd properly redeved. Moreover, private security guards did not participate in “sweep” searches of CHA residential units conducted by the CHA podce department. See generally Pratt v. Chicago Housing Auth., 848 F.Supp. 792 (N.D.Ill.1994) (discussing constitutionadty of warrant-less “sweep” searches by CHA podce). The powers of T Force guards were therefore local in nature and limited in scope.

II.

We review the district court’s grant of summary judgment de novo and draw ad reasonable inferences in favor of Wade, the non-moving party. Smith v. Shawnee Library Sys., 60 F.3d 317, 320 (7th Cir.1995). Summary judgment should be entered only if “there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” Fed.R.CivJP. 56(c). Where the party opposing a motion for summary judgment bears the burden of proof on a particular issue, he may not rely on the pleadings, but must affirmatively demonstrate a genuine issue of material fact for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). Moreover, this “genuine issue” of material fact must be more than “some metaphysical doubt.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986).

The sole issue on this appeal is whether the district court erred in concluding that Byles, a private citizen employed by a private company to provide security at CHA buildings, was not a state actor when he shot Wade. [4] It is wed estabdshed that the Fourteenth Amendment “erects no shield against merely private conduct, however discriminatory or wrongful.” Blum v. Yaretsky, 457 U.S. 991, 1002, 102 S.Ct. 2777, 2785, 73 L.Ed.2d 534 (1982) (quoting Shelley v. Kraemer, 334 U.S. 1, 13, 68 S.Ct. 836, 842, 92 L.Ed. 1161 (1948)). Yet the question of “whether particular conduct is ‘private,’ on the one hand, or ‘state action,’ on the other, frequently admits of no easy answer.” Jackson v. Metropolitan Edison Co., 419 U.S. 345, 349-50, 95 S.Ct. 449, 453, 42 L.Ed.2d 477[*905] (1974). In general terms, before a private party’s conduct can be considered state action, there must be a sufficiently close nexus between the state and the private conduct so that the action “may be fairly treated as that of the State itself.” Blum, 457 U.S. at 1004, 102 S.Ct. at 2786 (quoting Jackson, 419 U.S. at 351, 95 S.Ct. at 453-54). Thus, the state must somehow be responsible for the allegedly unlawful actions taken by the private party. Blum, 457 U.S. at 1004, 102 S.Ct. at 2786.

The Supreme Court has taken a flexible approach to determining when a state is responsible for the acts of private persons, adopting a variety of “tests” dependent on the particular facts of each case. The factual circumstances supporting a finding of state action, however, can generally be categorized into two broad groups. The first group includes situations where a state effectively directs, controls, or encourages the actions of a private party. In these cases, “a State normally can be held responsible for a private decision only when it has exercised coercive power or has provided such significant encouragement, either overt or covert, that the choice must in law be deemed to be that of the State.” Id.; see, e.g., Hinman v. Lincoln Towing Serv., 771 F.2d 189, 192-93 (7th Cir.1985); Flagg Bros., Inc. v. Brooks, 436 U.S. 149, 166, 98 S.Ct. 1729, 1738-39, 56 L.Ed.2d 185 (1978); Jackson, 419 U.S. at 357, 95 S.Ct. at 456-57. Wade does not attempt to rely on this test of state action. Indeed, he presents no evidence that CHA compelled or encouraged Byles to shoot him. Instead, Wade predicates his claim of state action on the second general scenario, in which a state delegates a “public function” to a private entity. See, e.g., Blum, 457 U.S. at 1005, 102 S.Ct. at 2786; Jackson, 419 U.S. at 352-53, 95 S.Ct. at 454-55; Spencer v. Lee, 864 F.2d 1376, 1379 (7th Cir.1989) (en banc), cert. denied, 494 U.S. 1016, 110 S.Ct. 1317, 108 L.Ed.2d 493 (1990).

The simple fact that a private entity performs a function that serves the public does not transform its conduct into state aetion. Rendell-Baker v. Kohn, 457 U.S. 830, 842, 102 S.Ct. 2764, 2772, 73 L.Ed.2d 418 (1982). A private entity may be deemed a state actor, however, if it performs functions that are “traditionally the exclusive prerogative of the State.” Jackson, 419 U.S. at 353, 95 S.Ct. at 455. Such functions are so closely associated with government that a state cannot limit its accountability for their performance, even if they are carried out by private parties. Thus, although a state remains free to delegate the performance of these functions to private entities, the private entities are treated as arms of the state for purposes of § 1983 and the Fourteenth Amendment. The Supreme Court has found a few functions to fit within this category of state action. See, e.g., Terry v. Adams, 345 U.S. 461, 468-70, 73 S.Ct. 809, 813-14, 97 L.Ed. 1152 (1953) (election of public officials); Marsh v. Alabama, 326 U.S. 501, 505-09, 66 S.Ct. 276, 278-80, 90 L.Ed. 265 (1946) (operation of company town). Yet the Court has also declined to find an exclusive state function in a number of cases. See, e.g., Blum, 457 U.S. at 1011-12, 102 S.Ct. at 2789-90 (operation of nursing home); Rendell-Baker, 457 U.S. at 842, 102 S.Ct. at 2772 (education of children); Flagg Bros., 436 U.S. at 161-6, 98 S.Ct. at 1736-37 (enforcement of statutory lien). It is with this precedent in mind that we resolve the current dispute.

Wade likens Byles to a private policeman, arguing that Byles’ duties as a security guard were basically an extension of Illinois’ “police powers.” Wade then maintains that because police powers are traditionally exclusively reserved to the states, Byles was a state actor when he shot Wade. Defendants, in contrast, characterize Byles as nothing more than a “glorified doorman.” There is no need for us to adopt either plaintiffs or defendants’ characterizations, however, for the record makes clear the functions that Byles performed as a lobby security guard. We are not faced with a situation where a state has delegated its entire police power to a private police force. [5] Indeed, general po[*906] lice protection on CHA property is provided by the CHA police force, which is statutorily entrusted with “all powers possessed by the police of cities, and sheriffs....” 310 ILCS § 10/8.1a. The contract security guards are not a part of this public police force, nor do they participate in searches of residential units conducted by the police. Furthermore, the area of responsibility of the contract guards in this case are clearly limited to the lobbies of CHA buildings.

The duties of a private security guard at a CHA budding, however, include more than simply opening doors. Plaintiff correctly asserts that Byles was employed to provide security for CHA residents and was thereby authorized to carry a handgun, arrest people for criminal trespass pending arrival of the police, and use deadly force in self-defense. Although all of these powers have been traditionally exercised by the sovereign via the police, none has been exclusively reserved to the police. See, e.g., 725 ILCS 5/107-3 (providing for citizens’ arrests); Spencer, 864 F.2d at 1380 (noting that powers of arrest and self-defense are not exclusively governmental functions); Carey v. Continental Airlines, Inc., 823 F.2d 1402, 1404 (10th Cir.1987) (holding citizen’s arrest does not constitute state action); White v. Scrivner Corp., 594 F.2d 140, 142-43 (5th Cir.1979) (holding that detaining suspected shoplifter is not an exclusive state function). In fact, as Wade’s counsel conceded at oral argument, Byles possessed powers no greater than those of armed security guards who are commonly employed by private companies to protect private property. We therefore find that Byles’ function as a lobby security guard with the aforementioned limited powers is not traditionally the exclusive prerogative of the state. The fact that Byles performed his duties on public property, or for the public’s benefit, does not make him a state actor. See Rendell-Baker, 457 U.S. at 842, 102 S.Ct. at 2772; Gallagher v. “Neil Young Freedom Concert”, 49 F.3d 1442, 1457 (10th Cir.1995) (finding that providing security at building leased from government was not exclusive state function). Moreover, CHA’s employment of in-house armed security guards with lobby duties identical to those of the contract security guards does not change our conclusion, as this fact does not demonstrate that Byles performed an exclusive state function.

Plaintiffs reliance on West v. Atkins, 487 U.S. 42, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988), is also misplaced. In West the Supreme Court concluded that a private physician under contract with the state to provide medical care to prisoners was a state actor. Under state law the only medical care that the inmates could receive was that provided through the state. West, 487 U.S. at 55, 108 S.Ct. at 2258-59. In reaching its conclusion, the Court reasoned that “Contracting out prison medical care does not relieve the State of its constitutional duty to provide adequate medical treatment to those in its custody, and it does not deprive the State’s prisoners of the means to vindicate their Eighth Amendment rights.” West, 487 U.S. at 56, 108 S.Ct. at 2259. This language in West indicates that a state cannot limit its accountability for the performance of functions that it has an affirmative constitutional obligation to provide. [6] In this case, however, CHA bore no affirmative constitutional duty to provide security in the lobbies of CHA buildings. [7] West therefore provides no support[*907] for plaintiffs claim that Byles was a state actor.

III.

In conclusion, Byles was not a state actor when he shot Wade. If Wade’s allegations are true, he may very well have a cognizable tort claim, but it is not one of constitutional dimension. We therefore affirm the district court’s grant of summary judgment for the defendants.

1

. The same statute that grants CHA the authority to establish a police force also provides that "[t]he establishment of such a police force shall not affect the power of [CHA] to use or employ[*904] other security personnel as permitted by law.” 310 ILCS § 1/8.la.

2

. Although the contract between T Force and CHA leaves open the possibility that T Force would supply mobile patrols, T Force's services at the time of the incident were limited to providing lobby security.

3

. This was also the primary responsibility of CHA’s in-house security guards.

4

. A showing of state action is necessary to establish Wade's excessive force claim based on the Fourth Amendment, which applies to the states via the Fourteenth Amendment. See e.g., Jackson v. Metropolitan Edison Co., 419 U.S. 345, 349, 95 S.Ct. 449, 452-53, 42 L.Ed.2d 477 (1974). Conduct that constitutes state action under the Fourteenth Amendment necessarily satisfies § 1983’s under color of state law requirement. Lugar v. Edmondson Oil Co., 457 U.S. 922, 935, 102 S.Ct. 2744, 2752, 73 L.Ed.2d 482 (1982). Therefore, we need only examine whether Byles’ conduct was state action within the meaning of the Fourteenth Amendment.

5

. We note that the Supreme Court has explicitly left open the question of whether, and in what context, “private police forces” may be considered state actors. Flagg Bros., 436 U.S. at 163-64, 98 S.Ct. at 1737. This court has held, however, that private railroad police possessing the[*906] same powers as city police act under color of state law. United States v. Hoffman, 498 F.2d 879, 881 (7th Cir.1974).

6

. The proper interpretation of West is the subject of some dispute, perhaps because the Court did not expressly apply one of its previously developed tests of state action. Compare Gallagher, 49 F.3d at 1456 n. 3 (citing West under "joint action” analysis) with Rockwell v. Cape Cod Hosp., 26 F.3d 254, 258 (1st Cir.1994) (citing West under "public function” analysis). In our view, West is grounded along lines similar to the "public function” test. Whereas the "public function” test prohibits a state from avoiding responsibility for traditional and exclusive state functions, West prohibits a state from avoiding responsibility for functions that it has an affirmative constitutional duty to provide. Both types of functions are so closely associated with government that a state cannot limit its accountability for their performance, even if they are carried out by private parties.

7

. In fact, CHA had no statutory obligation to provide security services for its residents. The Illinois statute that authorizes CHA to establish police and security forces also provides that the CHA shall not be "liable for failure to provide a security or police force or, if a security or police[*907] force is provided, for failure to provide adequate police protection or security....” 310 ILCS § 10/8.la.